Section 34 Mitigation of Damages

• Library: Damages 2012

Another important damage issue was decided in Love v. Park Lane Medical Center, 737 S.W.2d 720 (Mo. banc 1987), in which the Supreme Court determined that a defendant is entitled to a comparative fault instruction for the plaintiff’s failure to mitigate her damages by seeking medical treatment. Contrary to the UCFA (Uniform Comparative Fault Act) provisions, §§ 1–6,
23 U.L.A. 123 (1996) (see Gustafson v. Benda, 661 S.W.2d 11,
15 n.10 (Mo. banc 1983)), the trial court had amended a judgment, which had...